To apply to the justices of the Supreme Court the Code of Conduct
for United States Judges, to establish certain procedures with respect to
the recusal of justices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 1, 2011

Mr. MURPHY of Connecticut (for himself and Mr. WEINER) introduced the following
bill; which was referred to the Committee on the Judiciary

A BILL

To apply to the justices of the Supreme Court the Code of Conduct
for United States Judges, to establish certain procedures with respect to
the recusal of justices, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Supreme Court Transparency and Disclosure Act
of 2011'.

SEC. 2. CODE OF CONDUCT.

(a) Applicability- The Code of Conduct for United States Judges adopted by
the Judicial Conference of the United States shall apply to the justices of
the United States Supreme Court to the same extent as such Code applies to
circuit and district judges.

(b) Enforcement- The Judicial Conference shall establish procedures, modeled
after the procedures set forth in chapter 16 of title 28, United States Code,
under which--

(1) complaints alleging that a justice of the Supreme Court has violated
the Code of Conduct referred to in subsection (a) may be filed with or identified
by the Conference;

(2) such complaints are reviewed and investigated by the Conference; and

(3) further action, where appropriate, is taken by the Conference, with
respect to such complaints.

(c) Submission to Congress; Effective Date-

(1) SUBMISSION TO CONGRESS- The Judicial Conference shall, not later than
the 180th day after the date of the enactment of this Act, submit to Congress
the procedures established under subsection (b).

(2) EFFECTIVE DATE- Such procedures shall take effect upon the expiration
of the 270-day period beginning on the date of the enactment of this Act.

SEC. 3. RECUSAL OF JUSTICES.

(a) Disclosures by Justices-

(1) SELF DISQUALIFICATION- In any case in which a justice of the Supreme
Court disqualifies himself or herself in a proceeding under section 455
of title 28, United States Code, the justice shall disclose in the public
record of the proceeding the reasons for the disqualification.

(2) DENIAL OF DISQUALIFICATION MOTION- If a justice of the Supreme Court
denies a motion brought by a party to a proceeding before the Court that
the justice should be disqualified in the proceeding under section 455 of
such title, the justice shall disclose in the public record of the proceeding
the reasons for the denial of the motion.

(b) Process for Determining Recusal- The Judicial Conference of the United
States shall establish a process under which, if a disqualification motion
has been denied as described in subsection (a)(2) and the party making the
motion seeks further review of the motion, other justices or judges of a court
of the United States (as defined in section 451 of title 28, United States
Code), among whom retired justices and senior judges eligible for assignment
under section 294 of title 28, United States Code, may be included, shall
decide whether the justice with respect to whom the motion is made should
be so disqualified.

(c) Submission to Congress; Effective Date-

(1) SUBMISSION TO CONGRESS- The Judicial Conference shall, not later than
the 180th day after the date of the enactment of this Act, submit to Congress
the process established under subsection (b).

(2) EFFECTIVE DATE- Such process shall take effect upon the expiration of
the 270-day period beginning on the date of the enactment of this Act.